Dissolution of Marriage (San Diego Divorce)
An action for Dissolution of Marriage (Divorce) can be filed by a married person in California to terminate the marital relationship between a husband and wife, restoring the parties to single status. A Court can make orders for custody and visitation, if there are minor children of the marriage, as well as child support. The court can also make orders for spousal support, and confirm or divide community and separate property assets and debts.
Legal Separation (San Diego Legal Separation)
An action for Legal Separation can be filed by a married person who wishes to maintain their status as a married person, but separate and resolve all of other issues of the marriage. A Court can make orders for custody and visitation, if there are minor children of the marriage, as well as child support. The court can also make orders for spousal support, and confirm or divide community and separate property assets and debts. If the other party responds to the paperwork and requests a divorce, the Court will grant the dissolution of marriage.
Nullity (San Diego Nullity)
An action for Nullity of Marriage restores the parties to the status of unmarried persons, as if they were never married. For the Court to grant a nullity, the Petitioner must prove that one of the conditions for nullity has been met. The Court can make orders regarding property and debt division, custody, and support.
Summary Dissolution (San Diego Summary Dissolution)
This action can only be used if the parties meet the following requirements:
- The parties have been married less than five (5) years as of the date the action is filed.
- The parties have no children together, including by adoption, and the wife is in pregnant as of the date the action is filed.
- Neither party owns or has an interest in any real estate.
- Neither party is requesting spousal support.
- The community and/or separate property assets total less than $38,000.
- The community or separate debt is less than $6,000, excluding vehicles.
- The parties waive their rights to appeal or move for a new trial.
The parties sign the paperwork jointly, and the originals are filed with the Court. After waiting six months, either party can file the document requesting that the marriage end.
Establishing Parental Relationship (San Diego Paternity)
When the parents of a child are unmarried, either parent may file an action to establish paternity. The Court will determine paternity, and can make child custody and visitation orders, as well as child support orders.
Petition For Custody and Support of Minor Children (San Diego Child Custody and Support)
If the parties do not wish to file for a divorce, legal separation, or nullity, or if unmarried, do not wish to file an action to establish a parental relationship, either party may file a Petition for Custody and Support of Minor Children. This action is limited and can only be used in certain circumstances, and does not address marital status or property issues, and does not establish a parental relationship if the parents of the child are unmarried.
Child Support (San Diego Child Support)
If a parent desires child support from the other parent, an underlying action must be filed. If the parents are married, the party seeking support must file either a dissolution of marriage, legal separation, nullity, or a petition for custody and support of minor children. If the parents are unmarried, the party seeking support must file either an action to establish the parental relationship or file a petition for custody and support of minor children.
How Does Your Case Proceed?
Once the petitioner files an action in Family Court, the respondent must be personally served with the paperwork. If the respondent fails to file a response to the action within thirty days of service, the petitioner may request an entry of default. Once the default is entered, the petitioner can complete the proceeding without the participation of the respondent.
If the respondent files a response, the case will then proceed in one of two ways, contested or uncontested. If the parties agree on all issues outside of court (uncontested), the parties can submit the necessary signed paperwork for the Court’s signature. If the parties are unable to agree on some or all of the issues, the matter is considered “contested” and the unresolved issues must be resolved by the Court.
If you are going through a San Diego divorce or family law proceeding, it is important to choose a San Diego family law attorney to represent you throughout the process. San Diego divorce and family law attorney Shana Black has successfully represented numerous San Diego individuals and their families throughout the legal process. Call 1-619-557-0122 or email [email protected] to learn more about all of your San Diego divorce or family law options.